LITTER AND THE LAW. a guide for the public

Transcription

1 LITTER AND THE LAW a guide for the public

2 contents page QUICK FACTS ABOUT LITTER 2 LITTER LAW FOR THE PUBLIC 5 APPLYING FOR A LITTER ABATEMENT ORDER 11 FURTHER SOURCES OF INFORMATION 12

3 Quick Facts About Litter THE ROLE OF KEEP BRITAIN TIDY ENCAMS (Environmental Campaigns) runs Keep Britain Tidy, a campaign aimed at getting the public to dispose of materials appropriately, so they do not become litter. ENCAMS also provides free publications and information on litter related issues to the public, through a help line number and its website ( LITTER MEASUREMENTS ENCAMS carries out surveys across the country measuring different sorts of litter, including: smoking related litter, fast food packaging, confectionery litter and hazardous litter such as broken glass and syringes. The information is used to detect trends in litter deposits, to help local authorities to make more efficient use of their resources and to inform ENCAMS future litter campaigns. character finds himself in a life or death situation. Help arrives but instead of clambering to safety the central character is only concerned with giving his rubbish to his rescuers so they can put it in the bin. Once he has managed to do this, he is happy. ENCAMS is also planning to run a youth advertising campaign over the Christmas period targeting bus shelter sites near newsagents and confectionery outlets. For current campaign details visit the ENCAMS website at COST OF CLEARING UP LITTER It can cost a council between 6 and 19 per kilometre to sweep the streets, depending on the nature of the area and the methods used. The direct cost of street sweeping and cleaning was 450 million in The cost for was 413 million. LITTER CAMPAIGNS In 2004 ENCAMS decided to concentrate on campaigning to change the littering behaviour of year olds. After almost two years of research and pilot campaigns ENCAMS decided to plan its future youth campaigns around the big overclaim and produced a series of 10,000 ironic, retro posters. The posters proved very popular and ENCAMS were inundated with requests resulting in a reprint within weeks. ENCAMS also ran a series of tv adverts during June which dramatically overplayed the irony of putting rubbish in a bin. In each advert the drama unfolds as the central PUBLIC POLICING Even though it is infuriating to see someone littering, ENCAMS does not advocate putting personal safety at risk. The same applies if you see litter thrown from cars. Police officers or litter wardens are empowered and trained to deal with offenders. If you have information about a littering incident you could report it to the police, the local authority or a litter warden, and it is up to them to decide whether they wish to proceed any further. Whilst it is possible to take a private prosecution, it would be at your own expense and you will need strong evidence to prove your case in court. pg 2 Quick Facts About Litter

4 LITTER CLEARANCE The local authority has a legal duty (so far as practicable) to clear litter and refuse from public places for which it is responsible, such as streets, parks, playgrounds, tourist beaches and pedestrianised areas. If a piece of private land is littered, the owner should accept responsibility for clearing the litter. Often, however, the problem is determining who owns the land. Each local authority will have its own title for the department that carries out street cleansing. Usually it will be called something like Cleansing, Environmental Services or Environmental Health. You can phone them and report litter problems. SCHOOLS AND LITTER Schools have a legal duty to clear the litter and refuse from their own grounds. This is laid down in the Code of Practice on Litter and Refuse. If they fail to do so, the council can take out a Litter Abatement Notice against them (served on the Chairman of the Board of Governors) to force a clean up - it is an offence not to comply. Also, you can personally take out a Litter Abatement Order against a school to get them to clean up. However, the school has no responsibility for clearing the litter outside its grounds. It is the council's duty to clean streets and other public places. Children over 13 can be prosecuted for littering, but this rarely happens. LACK OF BINS For security reasons, a number of bins have been removed in the last decade, particularly in railway stations and on the Underground. Bins have to have a particular specification for Health and Safety reasons and cost between 400 and 800 each. They must be waterproof, UV resistant and fire resistant. The siting of a bin can require planning permission that can take up to two years. Each bin has to be emptied, cleaned and maintained. LITTER PROSECUTIONS In 1990 there were 2,543 litter prosecutions, whilst in 2002 there were only around 500. LEGAL DEFINITION OF LITTER Legally speaking, the word litter is given a wide interpretation. Litter can be as small as a sweet wrapper, as large as a bag of rubbish, or it can mean lots of items scattered about. ENCAMS describes litter as Waste in the wrong place caused by human agency. In other words, it is only people that make litter. The offence of Leaving Litter (section 87 of the Environmental Protection Act 1990; Article 3 of the Litter (NI) Order 1994) says that if a person drops, throws, deposits or leaves anything so as to cause defacement in a public place, they could be committing a littering offence. FLY-TIPPING This is a word to describe the act of dumping rubbish illegally. Often this can be seen outside waste amenity sites, and includes larger items such as furniture or business waste. It is, of course, illegal and, being potentially more serious and hazardous than littering, is an offence under waste legislation. On conviction, the fine is up to 20,000 or six months imprisonment or both.

5 MOST PREVALENT LITTER According to ENCAMS Local Environmental Quality Survey of England completed in September 2003, smoking related rubbish (boxes, cigarette ends and matches) continued to be our biggest litter problem. The other most common items were: Confectionery rubbish (found at 53% of locations) Drinks related litter (discovered at 39% of sites) Snack packaging (found at 19% of survey areas) Fast food rubbish was also a growing problem, having increased by a whopping 12% since SMOKING RELATED LITTER In research carried out by ENCAMS (1996), 96% of smokers aged admitted that they threw their cigarette ends on the ground, and 46% of all smokers claimed they had never used a bin for their cigarette ends. The main reason quoted was the perceived fire hazard. LITTER PERPETRATORS From the 2003 survey of England (see above), ENCAMS found the worst perpetrators to be pedestrians or drivers. They cause 91% of litter. Only 2% is from domestic bins (being torn or spilling over), and only 3% is commercial/business waste. PUBLIC DISGUST AT LITTERING Most of the population voice their disgust at seeing litter in the streets. However, research by ENCAMS (October 2001) shows that nearly every adult in the population drops litter in varying degrees. The most frequently littered items were those that were seen as small and less harmful, such as small sweet papers, apple cores, cigarette butts and chewing gum. Eighty-seven per cent of litter is caused by the public, and all sections of society are contributing. However, most people do not consider that they are adding to the problem, but blame the following instead: Teenagers Education in schools The council Not enough bins Bins not emptied frequently enough Too much packaging and wrappings Not enough prosecutions Fines not high enough PUBLIC CONFESSIONS! Research by ENCAMS (October 2001) shows that the public admit the most likely situation in which they would drop litter is when they are driving. They feel that they are non-accountable in a car and can t be identified. They also think it is more acceptable to drop litter if an area is already run-down or dirty and if there aren t sufficient bins. They would think twice about littering if they were in their own neighbourhood, if the area was tidy and presentable or if they were with children. pg 4 Quick Facts About Litter

6 LITTER IN SINGAPORE It is often mentioned that Singapore does not have a litter problem. However, Singapore has solved its litter problem by adopting stringent enforcement that we would probably find unacceptable in the UK. Aside from general laws on litter, there is also a prohibition on the importing of chewing gum. The penalty for littering is a fine up to $10,000 or 12 months in prison or both. Second offences carry a penalty of $20,000 fine and/or two years in prison. Rumour has it that the ban was imposed to keep the subway running on time after used wads of gum, disposed of on train doors, prevented them from closing and disrupted services. Litter offenders are counselled to stop them re-offending, and corrective work orders are imposed as a form of community service (10 hours cleaning a housing estate for leaving a paper clip on the branch of a tree, for example). The courts are not afraid to impose high fines for serious offences on a tiered basis, for example a drinks can is considered worse than a cigarette end. LITTER LONGEVITY Some litter can last longer than others, often taking years to degrade. Plastic bottles can last indefinitely, and plastic dropped in a field today could still be there in the next millennium. Aluminium litter such as drinks cans last from 80 to 100 years, as do nappies. Plastic bags given away free by supermarkets last between 10 and 20 years. Cigarette butts, orange peel, banana skins and apple cores can last up to two years. Litter Law for the Public WHAT ARE THE LITTER LAWS? The Environmental Protection Act 1990 (EPA)(in Northern Ireland the Litter (NI) Order 1994) makes Duty Bodies responsible for keeping their land clear of litter and refuse. It also gives both local authorities and citizens rights to take legal action to get areas cleaned up. WHO ARE DUTY BODIES? They are organisations with a legal responsibility for keeping specified public places clear of litter and refuse often described as a Cleansing Duty. They are mainly local authorities and statutory undertakers (e.g. Railtrack), but also schools, colleges and universities. WHAT IS THEIR RESPONSIBILITY? Quite simply, to make sure that public land and highways under their control are kept free from litter and refuse, as far as is practicably possible and within reason. Full details of how they must comply with this Cleansing Duty are contained in a government document called the Code of Practice on Litter and Refuse which accompanies Part IV (section 89) of the EPA. In NI the Code of Practice on Litter accompanies Article 9 of the Litter (NI) Order 1994 WHAT DOES THE CLEANSING DUTY INVOLVE? Based on land use and time, the Code of practice sets out reasonable and acceptable standards of cleanliness which Duty Bodies can be expected to meet. What matters is maintaining the cleanliness of an area, rather than how often it is cleaned.

7 HOW DO YOU KNOW IF A PLACE IS CLEAN ENOUGH? Compliance with the Code is measured in two ways: (i) cleanliness grades which set out how clean an area should be, and (ii) cleanliness standards which indicate response times for cleaning up. The photographs below illustrate the cleanliness grades defined by the Code of Practice on Litter and Refuse. Grade C Widespread distribution of litter and refuse with minor accumulations Grade A No litter or refuse Grade D Heavily littered with significant accumulations Grade B Predominantly free of litter and refuse apart from some small items All areas have to be zoned. Each zone has a timescale within which the Duty Body should return it to a litterfree standard. The table overleaf can help you work out how quickly an area should be brought to Cleanliness Grade A. For example, if a town centre (zone 1) deteriorates to Grade D it should be restored to Grade A within one hour. pg 6 Litter Law For The Public

8 Cleanliness Standards Table ZONE TYPE OF LAND RESPONSE TIME TO RESTORE TO GRADE A STANDARD (Unless otherwise stated) Litter Duty: General Zones Litter Duty: Beaches 5 Amenity beaches 5* Town centres, shopping centres & shopping streets Major transport centres Central car parks Other busy public areas High density residential areas (e.g. terraced housing and flats) Busy recreational land Suburban car parks Suburban transport centres Industrial estates, with a high density of premises Low density residential areas (e.g. detached/ semi-detached houses) Other recreational land (including picnic areas and laybys) Other transport centres Industrial estates with a low density of premises High technology business parks Land attracting large numbers of people for specific events but otherwise not busy (e.g. sporting venues, land used for car boot sales, fairs and open air concerts) All other areas Other beaches Litter Duty: Roads Local roads in urban areas designated as zone 1 Local roads in urban areas designated as zone 2 Local roads in urban areas designated as zone 3 Hard surfaced areas Grassed areas Hard surfaced areas Grassed areas Hard surfaced areas Grassed areas A B C D A B C D As a minimum standard, amenity beaches should be generally clear of all types of litter and refuse between 1 May and 30 September inclusive. Individual local authorities to decide the level of cleanliness that they are able to provide to any non-amenity beaches, and where practicable, beaches must be inspected from time to time and cleaned as necessary. A B C D 6 hours 12 hours 2 weeks Within 24 hours of event 2 weeks 6 hours 12 hours 3 hours 6 hours 12 hours Within 24 hours of event 3 hours grade B within 3 hours 6 hours grade B within 3 hours 12 hours grade B within 12 hours 1 hour 3 hours 6 hours Within 24 hours of event 60 hours 1 hour grade B within 1 hour 3 hours grade B within 3 hours 6 hours grade B within 6 hours

9 Litter Duty: Roads (cont...) 6 Motorways and strategic routes 7 Roads not falling within zones 1 to 3 or 6 Litter Duty: Educational Land 8 Relevant land of designated educational institutions during term time, other than weekends or half term holiday Relevant land of designated educational institutions when being used for a purpose authorised by governing body or managers during holidays Hard surfaced areas Grassed areas Hard surfaced areas Grassed areas Hard surfaced areas Grassed areas Hard surfaced areas Grassed areas A B C D 4 weeks grade B within 4 weeks grade B within 2 weeks 5 days grade B within 2 weeks grade B within 5 days 24 hours grade B within 24 hours grade B within 24 hours grade B within 24 hours grade B within Litter Duty: Railway Land A B C D 1 Public areas in and around major passenger stations in cities 6 hours 3 hours 1 hour and town centres 2 12 hours 6 hours 3 hours Public areas in and around heavily used suburban and important town stations 3 Public areas in and around intermediate suburban and small town stations 4 Staffed part of the time Unstaffed at all times Public areas in and around rural and small suburban stations 12 hours 48 hours 6 hours 24 hours 2 weeks 60 hours 9 Operational land within 100 metres of platform ends grade B within 2 weeks grade B within 5 days 10 Operational land within urban areas, not covered by other zones Litter Duty: Canal and Inland Navigation Towpaths 11 Towpaths to which the public has a right of access in urban areas Paved areas Grassed or non-paved areas A B C D grade B within 6 months 2 weeks grade B within 3 months 5 days grade B within 4 weeks grade B within For further information Zoning maps produced by local authorities are public information and must be made available to you on request, usually at council offices or the public library. pg 8 Litter Law For The Public

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11 WHAT CAN A PERSON DO IF THINGS GO WRONG? The EPA (Litter (NI) Order) gives a citizen the right to take legal action to get litter removed where an area falls below the standard for longer than is allowed. Before exercising that right it is wise to give the Duty Body a chance to clean up. Make a formal complaint by telephone or in writing, being specific about location, type and amount of litter. Some local authorities have litter hotlines and respond quickly to complaints. If your council does not have a special number to ring, litter complaints are usually dealt with by Cleansing, Environmental Health or Technical Services departments. If an area falls below the standard and the Duty Body will not put matters right, a member of the public can take legal action to get a Litter Abatement Order. The Order means that the Duty Body must clean up the area. Action is taken through the Magistrates Court (Sherrifs court in Scotland), and there is a charge of 3.50 (in England) to apply for the Order. For details on how to do this, read the section overleaf Applying for a litter abatement order. As with any legal action, the process may be time-consuming and complicated, but has been followed through on numerous occasions to a successful conclusion. LITTER-FREE AREAS Where a litter problem can be clearly traced to certain types of business, such as takeaway food premises, the local authority can issue a Street Litter Control Notice. This makes the owner responsible for keeping the front of the premises, plus a reasonable distance either side, clear of litter. If certain kinds of private land to which the public has access, such as supermarket car parks, are badly littered the local authority can declare them a Litter Control Area. The owner or occupier of the land is then under a duty to clear the land and keep it free of litter. Those with a duty under the EPA (Litter (NI) Order) to keep land free of litter and refuse can be served with a Litter Abatement Notice by the local authority. Once served with a Notice, the owner or occupier must clean up the area within a given period of time. If the Notice is not complied with there can be a fine plus a daily fine if the offence continues. REMOVAL OF SHOPPING TROLLEYS Local authorities can collect abandoned shopping or luggage trolleys in their area and charge to return them to their owner. WHAT CAN LOCAL AUTHORITIES DO? As well as giving rights to the citizen, the EPA (Litter (NI) Order) gives powers to local authorities to take action against individuals and businesses that create litter, and powers to get areas cleaned up. Leaving or depositing litter is a criminal offence, subject to a maximum fine of 2,500. Either the police or a local authority can prosecute litterers. In addition, local authorities can appoint Litter Wardens who issue 50 (in England) Fixed Penalty Notices. This has the benefit of dealing with littering as and where it happens. pg 10 Litter Law For The Public

12 Applying for a Litter Abatement Order Section 91 of the Environmental Protection Act 1990 (Article 11 of the Litter (NI) Order 1994) Summary Proceedings by Persons Aggrieved by Litter. Section 89 of the Environmental Protection Act (EPA)(Article 7 of the (NI) Order) places a duty on specified authorities and persons to ensure their land is, so far as practicable, kept clear of litter and refuse. Section 91 of the EPA makes it possible for members of the public to take legal action to have litter removed from certain kinds of public areas. If a member of the public decides that an authority or person responsible for land has not complied with their statutory cleansing duties, they can apply to a Magistrates Court (Sherrifs court in Scotland) for a Litter Abatement Order. They can do this as a resident, someone who works in the area, a regular visitor, or anyone who has a genuine interest in the locality. The person could act as an individual or as a representative of a local community organisation or voluntary group who has an interest in the locality. However, the EPA will not accept a group whose sole purpose is to get a Litter Abatement Order, without a genuine link or interest to the area in question. If the case is successful, the court can order that the litter and refuse from that area is cleared away. It is an offence not to comply and the body can be fined up to 2,500 plus a daily fine of one twentieth of that sum. Action is taken through the Magistrates Court in England, Northern Ireland and Wales, or by summary application to the Sheriff in Scotland. A Litter Abatement Order can apply to a wide interpretation of litter, including anything that a person throws down, drops or otherwise deposits and leaves, on relevant land, which causes defacement. Litter can consist of both small and large items and can, for instance, include food. The Litter Abatement Order can apply to those with a statutory duty to clear litter and refuse. In general, this means county councils, district councils, metropolitan borough councils, unitary councils, London borough councils, the Common Council of the City of London, Northern Ireland Councils and the Council of the Isles of Scilly. In Scotland and Wales, all councils are unitary authorities. Note that parish councils are not included. The order can also include the Crown in regard to relevant Crown land if it is open to the public. Other bodies with a duty to keep land clean are designated railway operators, such as Railtrack, and the train operating companies, underground and other transport operators, operators of canals, ports and airports and educational institutions including schools, colleges and universities. The land that applies to the EPA is defined in detail in Section 86(Article 2 of the Litter (NI) Order). In general, it must be open to the air, under the direct control of the principal litter authority, educational institution or statutory undertakers. It applies where the public is entitled or permitted to have access with or without payment.

13 In Section 89 (Article 7 the Litter (NI) Order), the EPA creates a separate duty to keep highways and roads clear of litter and waste. To obtain a Litter Abatement Order it is necessary to have a more thorough understanding of the relevant sections of the EPA(Litter (NI) Order). The above is just an outline of a complex piece of legislation. However, it should be remembered that the legislation was created to allow citizens to improve the cleanliness of their local environment if they felt it was not up to standard. Full details of the EPA 1990 and the Code of Practice on Litter and Refuse can be obtained from: Environmental Protection Act ISBN (priced around 20) Published by The Stationery Office (publications centre ) Website: Code of Practice on Litter and Refuse. ISBN x (priced around 18) Published by The Stationery Office (publications centre ) FURTHER SOURCES OF INFORMATION Statutory instruments regarding the EPA published since 1977 can be downloaded from: others are obtainable from The Stationery Office. Litter (NI) Order 1994 ISBN: Code of Practice on litter (1994) ISBN: The text of the Act with explanatory footnotes is available in a book published by Sweet & Maxwell: The Environmental Protection Act 1990 Text and Commentary by Stephen Tromans ISBN The following publication Litter organising a clean up is also available from ENCAMS free of charge. Order through our internet site or by phoning DISCLAIMER This document can only serve as a guide to, and synopsis of the law relating to, fixed penalty notices. It does not constitute legal advice. It may be misleading if relied upon as a complete explanation of the legal issues involved. If any matter is to be acted upon, the full texts of Part IV of the Environmental Protection Act 1990 (and the Litter (NI) Order 1994) and relevant statutory instruments must be consulted. pg 12 Applying For A Litter Abatement Order

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15 Central Office for English Regions Environmental Campaigns trading as ENCAMS Elizabeth House The Pier Wigan WN3 4EX T: F: E: Keep Scotland Beautiful Islay House Livilands Lane Stirling FK8 2BG T: F: E: Tidy Northern Ireland 1st Floor Studio A 89 Holywood Road Belfast BT4 3BA T: F: E: tni@encams.org Keep Wales Tidy 33/35 Cathedral Road Cardiff CF11 9HB T: F: E: south@keepwalestidy.org ENCAMS runs the Keep Britain Tidy campaign. pg 14 Addresses

16 Supported by Defra (Department for Environment, Food and Rural Affairs), The Scottish Executive, The National Assembly for Wales and the Environment and Heritage Service (Northern Ireland) Printed on Revive Silk, made from 75% recycled fibres. ENC 524/07/04